Question 1

Which case addresses so-called partial-birth abortions?

Accepted Answer

Gonzalez v. Carhart is the Supreme Court case that specifically addresses the issue of so-called partial-birth abortions, upholding the Partial-Birth Abortion Ban Act of 2003.

Question 2

Which U.S. Supreme Court case adopted the undue burden standard for abortion case?

Accepted Answer

Planned Parenthood of Pennsylvania v. Casey is the U.S. Supreme Court case that adopted the undue burden standard for evaluating restrictions on abortion. This standard states that if a state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus, it is an undue burden on the right to choose and therefore unconstitutional.

Question 3

A penumbra is a:

Accepted Answer

A penumbra refers to the partially shaded outer region of the shadow cast by an opaque object, such as the shadow cast by the Earth or moon in space.

Question 4

Generally speaking, which theory of constitutional interpretation is least likely to recognize more contemporary forms of privacy.?

Accepted Answer

The answer of Generally speaking, which theory of constitutional interpretation...

Question 5

What amendment suggests that there are more liberties than those specifically enumerated in the Bill of Rights?

Accepted Answer

The Ninth Amendment states that the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. This suggests that there are more liberties than those specifically listed in the Bill of Rights.

Question 6

What form of constitutional scrutiny requires the government to show that its intrusion is necessary (or narrowly tailored) to meet a compelling governmental interest?

Accepted Answer

Strict scrutiny is the highest standard of review used by courts to evaluate the constitutionality of government laws or actions. Under this standard, the government must show that its action is necessary to achieve a compelling governmental interest and that the means chosen to achieve that interest are narrowly tailored to achieve that interest.

Question 7

Which case recognized a constitutional right to privacy?

Accepted Answer

Griswold v. Connecticut (1965) recognized a constitutional right to privacy in the context of marital contraception, establishing a basis for privacy rights through the interpretation of various amendments of the Constitution.

Question 8

Which case does NOT involve abortion regulations?

Accepted Answer

Gonzales v. Oregon does not involve abortion regulations. It concerns the legality of physician-assisted suicide, specifically the use of controlled substances in such practices, under the Controlled Substances Act.

Question 9

What term is used to describe a legal document that provides a person's wishes in case of a medical emergency?

Accepted Answer

A Living Will is a legal document that outlines a person's wishes regarding medical treatment in the event they are unable to communicate their decisions due to illness or incapacity.

Question 10

What case was reversed by the Court's decision in Lawrence v. Texas?

Accepted Answer

Lawrence v. Texas (2003) reversed Bowers v. Hardwick (1986), which had upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals.

Question 11

The Court's theory of "liberty of contract" was developed during what era of the Court?

Accepted Answer

The "liberty of contract" theory was developed during the Laissez Faire era of the Court, which emphasized minimal interference by the government in economic matters, allowing private parties to freely enter into contracts without much regulation.

Question 12

What case marks the "Switch in Time That Saved Nine?"

Accepted Answer

West Coast Hotel v. Parrish (1937) is known for the "Switch in Time That Saved Nine," where the U.S. Supreme Court upheld a Washington state minimum wage law, marking a departure from previous decisions that struck down similar legislation. This case is seen as a pivotal moment where the Court began to uphold more New Deal legislation, thus avoiding potential conflicts with President Franklin D. Roosevelt's administration and its plans to add more justices to the Court.

Question 13

What event is regarded as the moment the Court began to move away from its notion of liberty of contract?

Accepted Answer

The phrase "the switch in time that saved nine" refers to a pivotal moment in U.S. Supreme Court history when Justice Owen Roberts shifted his stance to support New Deal legislation, thus moving away from strict adherence to the principle of liberty of contract. This shift allowed for greater government intervention in the economy and is seen as a turning point in constitutional law.

Question 14

Each of the following cases involves a dispute over the "takings clause" EXCEPT:

Accepted Answer

Fletcher v. Peck is not a case involving the "takings clause" of the Fifth Amendment, which deals with the government's power to take private property for public use. Instead, it dealt with the Contract Clause of the U.S. Constitution, focusing on the legality of rescinding a land grant.

Question 15

Each of the following cases involves a dispute surrounding the contract clause EXCEPT:

Accepted Answer

Kelo v. City of New London was primarily concerned with the use of eminent domain for economic development and did not revolve around a dispute surrounding a contract clause.

Question 16

What term is used to describe the ability of government to take private property for public use under the Fifth Amendment?

Accepted Answer

Eminent domain is the term used to describe the government's power to take private property for public use, provided there is just compensation, as outlined in the Fifth Amendment of the U.S. Constitution.

Question 17

Which case involves the so-called "liberty of contract?"

Accepted Answer

Lochner v. New York (1905) is famous for the Supreme Court's use of substantive due process to invalidate state legislation deemed to interfere with the freedom of contract. This case centered around a New York law that limited the working hours of bakers, which the Court struck down, arguing it infringed on the liberty of contract between employers and employees.

Question 18

Which case held that state bans on same-sex marriage were unconstitutional because they violated liberty interests under the Fourteenth Amendment Due Process Clause?

Accepted Answer

Obergefell v. Hodges is the landmark case in which the U.S. Supreme Court held that state bans on same-sex marriage were unconstitutional, as they violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

Question 19

Which U.S. Supreme Court Justice, who wrote the majority opinion in both Obergefell v. Hodges and United States v. Windsor, relied on general principles of due process and equal protection, without establishing any concrete tests or doctrines concerning individual liberty or discrimination based on sex or sexual orientation?

Accepted Answer

Justice Anthony Kennedy wrote the majority opinions in both Obergefell v. Hodges and United States v. Windsor, focusing on principles of due process and equal protection without creating specific tests or doctrines for evaluating liberty or discrimination claims.

Question 20

Which right concerns the type or substance of behavior that is included as a "liberty" under the due process clause?

Accepted Answer

The answer of Which right concerns the type or substance...

Quiz 11: Substantive Due Process: Privacy, Personal Autonomy, and Other Liberties